DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 8951-17   
Date: Ref Signature 


This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 January 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted and began active service on 11 October 1995.  On 9 July 1996, you were convicted at a special court-martial (SPCM) of wrongful possession of marijuana, wrongful introduction of marijuana onto an installation used by the armed forces, and wrongful use of marijuana.  You were sentenced to confinement, forfeiture of pay, reduction in rank, and a bad conduct discharge (BCD).  On 1 October 1997, you were denied clemency and offered Veterans Administration (VA) treatment by the Naval Clemency and Parole Board.  On 30 January 1998, the final appellate review affirmed and directed the execution of your BCD.  On 3 February 1998, your commanding officer offered voluntary VA inpatient treatment for substance abuse, however, you failed to make an election.  On 9 March 1998, you were discharged with a BCD by reason of conviction by a special court martial. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, your desire for rehabilitation, counseling, and your contention that you had a lapse in judgement, where you purchased and smoked marijuana.  Additionally, you state you would like an upgrade for VA benefits.  The Board concluded that your misconduct as evidence by your drug use, which resulted in a SPCM conviction, outweighed your mitigating factors and contentions.  The Board in its review discerned no impropriety or inequity in your discharge.  With regard to your request for VA benefits, there is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits.  The VA determines eligibility for post-service benefits, not this Board.  You should contact the nearest VA office concerning your right to apply for benefits.  Having reviewed your case, the Board could find no error or injustice in your discharge and the characterization of your service. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
            
Sincerely, 


Executive Director